More Settlement Actions are Anticipated
Northville - October 24, 2019
The following is a summary of the consent agreement prepared by The Conservancy Initiative for the benefit of their constituents.
Advanced Disposal Services (ADS) and the United States Environmental Protection Agency (USEPA) have finalized a Consent Agreement and Final Order (CAFO)[1] to resolve the Findings of Violations (FOV) issued to Advanced Disposal by the USEPA on September 29, 2016[2]. The highlights of the CAFO include a $50,000 civil penalty and a requirement to install a hydrogen sulfide monitor (H2S) at/near Ridgewood Elementary.
It is important to note that this only a settlement of the September 29, 2016 FOV issued to ADS. BFI, who owned the landfill gas collection and control system in 2016, previously paid a penalty of $406,000 for their portion of the violations issued on this date and Arbor Hills Energy (Fortistar - owner of gas to energy plant) has not yet reached a settlement. In addition, both ADS and Fortistar are the subjects of escalated enforcement actions to resolve current compliance issues with the Michigan Department of Environment, Great Lakes and Energy (EGLE previously MDEQ). [3],[4],[5] The EGLE enforcement actions are expected to address current odor issues.
Below is a summary of the actions required by the CAFO. Unfortunately, the CAFO was negotiated without any local input and did not include a timetable for completion. Northville Township Supervisor, Bob Nix, has contacted Nathan Frank, USEPA, Chief, Air Enforcement and Compliance Assurance Section. Mr. Frank has confirmed that ADS committed to completing all work by September 26, 2020 and he expects work will be done sooner.
Actions already completed:
ADS has certified it is complying with the comprehensive Compliance Plan included in the May 2017 Administrative Consent Order. The Compliance Plan required a list of landfill improvements (detailed in the CAFO) including installation of the new flare, significant upgrades to the landfill gas collection and control (GCCS) system, installation of a new leachate tank, upgrades to the leachate collection system, etc. The goal of the compliance plan was to improve the efficiency of the GCCS (i.e. - collect and control more landfill gas).
· ADS certified it spent in excess of $5 million on these actions and the capture efficiency of the GCCS has improved by at least 20%
Actions to be completed
· Establish odor screen vegetation on the northern 20 acres located near Napier Road. Estimated cost - $100,000.
· Evaluate the relationship between the odor monitoring conducted from 2017 through 2019 and odor complaints. The study will include the development of quantitative methods using artificial intelligence and machine learning techniques to predict odors. Estimated cost - $70,000.
· Pay a civil penalty of $50,000.
Mitigation Projects - these projects are used to off-set potential civil penalties (i.e. the penalty would have been greater if these projects were not agreed to).
· ADS must modify the landfill GCCS by installing at least 30 new gas extraction wells. The project will be coordinated with a potential Renewable Natural Gas (RNG) Plant at the landfill. Estimated cost - $900,000
Note - the mention of a potential Renewable Natural Gas (RNG) Plant is significant. A RNG plant would remove impurities and concentrate the methane in the landfill gas to a point where the gas can be used as natural gas either via pipeline distribution or used directly at the facility as vehicle fuel. A RNG plant would presumably eliminate the majority of the SO2 emission at the site. The CAFO does not guarantee the RNG plant, as Fortistar will need to agree to significant investment for a RNG plant to become certain. We should learn more when Fortistar reaches a settlement with USEPA/EGLE.
· ADS must install a hydrogen sulfide (H2S) monitor at or near the Ridgewood Elementary School site. The operation of the monitor must: continue for at least 5 years; be performed by a third party; and have real time monitoring results that are publicly available. Estimated cost $10,000.
The H2S monitor began as a grass roots effort at Ridgewood Elementary. When air quality concerns arose due to landfill odors, a group of Ridgewood Elementary parents sought answers out of concern for their children. When satisfactory answers were not received, the parents created a petition requesting air quality monitoring equipment be installed at or near the school. The parents went door to door in the community, got signatures at town hall meetings, and even at their children’s after school events. The parents were determined to be the voice of their children and thankful all that hard work paid off.
Background
· In 2016 the USEPA performed air quality testing in the area and performed an inspection of the Arbor Hills site in response to numerous odor complaints from the community. The USEPA issued a Findings of Violation (FOV) to Advanced Disposal (landfill owner), BFI (GCCS owner) and Arbor Hills Energy or Fortistar (Gas to Energy Plant Owner) on September 26, 2016[6].
· BFI transferred ownership of the GCCS in February 2017 to Advanced Disposal Services and settled their FOV by paying a $406,000 civil penalty.[7]
· In 2017, Advanced Disposal entered into an administrative consent order[8] with the USEPA. The consent order contained a corrective action plant which was targeted at improving the efficiency of the GCCS (i.e. - capture and control more landfill gas).
· The requirements of the corrective action plan have been implemented and GCCS efficiency has improved by at least 20%.
· Completion of the items included in the CAFO will settle Advanced Disposal’s September 29, 2016 FOV.
· THIS DOES NOT SETTLE THE ENFORCEMENT ACTION BEING LED BY THE EGLE. NEGOTIATIONS BETWEEN EGLE AND ADVANCED DISPOSAL ARE ON-GOING. THE COMPLIANCE PLAN ASSOCIATED WITH EGLE’S SETTLEMENT IS CRITICAL AS IT IS FOCUSED ON CURRENT ODOR ISSUES.
· Fortistar must still reach a settlement with USEPA to close their September 29, 2016 FOV as well as EGLE Enforcement Actions resulting from SO2 emission violations.
[1] Advanced Disposal Services, Consent Agreement and Final Order, Docket CAA-05-2019-0038
[2] Advanced Disposal Services, Finding of Violations, EPA-5-16-MI-10, September 29, 2016
[3] DEQ Enforcement Notice to Advanced Disposal Services, January 24, 2019
[4] DEQ Enforcement Notice to Fortistar Methane Group, November 4, 2015
[5] DEQ Enforcement Notice to Fortistar Methane Group, April 18, 2019
[6] EPA Findings of Violations issued September 29, 2016, Advanced Disposal, BFI, Arbor Hills Energy (Fortistar)
[7] BFI Waste System of NA, Consent Agreement and Final Orders, Docket CAA-05-2018-0029, Sept 28, 2018
[8] Advanced Disposal Services, Administrative Order EPA-5-17-113(a)-MI-04, May 4, 2017